Severe Arm Injury from Car Accident – What Settlement Should I Expect?
Hello everyone, I’m a 25-year-old man from Ohio. I recently experienced a car accident in Ohio while riding as the front passenger in a friend’s vehicle. We lost control on an icy road and collided with a telephone pole at about 20 mph, impacting my side of the car. This led to a serious arm injury that I’m seeking guidance on.
Injury Overview:
- Diagnosis:
- Comminuted Proximal Ulnar Fracture: A severe break in my elbow where the bone shattered into several pieces and became displaced.
- Anterior Dislocation of the Radial Head: My elbow joint was dislocated during the accident.
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Hemarthrosis: Internal bleeding occurred within the joint.
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Treatment:
- I underwent surgery that involved the insertion of 7 screws and 1 plate.
- As a result, I now have a noticeable scar running from halfway down my forearm to above my elbow, visible even in a t-shirt.
- My post-surgery recovery has included twice-weekly chiropractic and orthopedic care for 2.5 months.
- Full recovery may take years, and there’s a possibility I’ll need to have the hardware removed in the future.
- Even performing simple tasks like brushing my teeth or using a mouse can lead to soreness and discomfort.
Financial Considerations:
- My total medical expenses and lost wages are approximately $50,000.
- My friend’s insurance policy has limits of $250,000/$500,000.
- He has taken full responsibility for the accident.
Considering the severity of my injury along with the long-term effects and the available policy limits, could I expect a settlement at the maximum policy limit? Would it be reasonable for me to pursue the full $250,000?
(I apologize if you’re seeing this post again; I received updated information about my friend’s policy limits.)
I would greatly appreciate any advice or insights you might have! Thank you!
I’m really sorry to hear about your accident and the challenges you’re facing with your injury. Considering the specifics of your situation, here are some insights that might help you navigate your claim for a settlement:
Severity of Injury: Your injuries are quite serious, and the detailed diagnosis suggests long-term implications for your functionality and quality of life. The surgery, rehabilitation, and potential future treatments (like hardware removal) further elevate the damages associated with your case.
Medical Expenses and Lost Wages: With combined medical bills and lost wages amounting to around $50,000, you have a solid foundation for your claim. It’s important to document all your medical expenses thoroughly, including any ongoing treatments and therapies.
Pain and Suffering: Beyond medical costs, compensation for pain and suffering is a critical factor. Given the invasive nature of your surgery, the long recovery time, and the chronic pain you experience during everyday activities, you could argue for substantial non-economic damages.
Insurance Policy Limits: Since your friend has insurance policy limits of $250,000, it’s reasonable to pursue the full amount—especially given the extent of your injuries and their long-term effects. The fact that your friend accepted full fault adds strength to your claim.
Consulting a Personal Injury Attorney: Given the complexities surrounding injury claims, especially with significant impact and potential long-term consequences such as yours, consulting with a personal injury attorney would be advisable. They can help negotiate with the insurance company and ensure you get a settlement reflective of your losses.
Settlement Negotiation: When negotiating, it would be wise to present a well-documented claim that outlines all your medical expenses, lost wages, and the intangible impacts on your quality of life. Insurance companies may initially offer lowball settlements, but being firm and providing clear evidence will be key in pushing for the higher end of the policy limits.
In summary, aiming for the policy limits of $250,000 seems reasonable given the circumstances. Seeking the assistance of a qualified attorney can significantly strengthen your case and help you better navigate this process. Wishing you the best in your recovery and with your claim!